Ex Parte HODGSON et al - Page 2




          Appeal No. 2003-1856                                                        
          Application No. 08/879,322                                                  


          invention uses camera computer imaging without the need to remove           
          the starch and/or sugar matrix.                                             


               Independent claim 1 is representative of the invention and             
          is reproduced as follows:                                                   
               1.  Apparatus for the measurement of fruit particles in a              
          matrix without removing the fruit particles from this matrix,               
          comprising:                                                                 
               a substantially opaque cabinet;                                        
               a sample tray adapted to receive a fruit matrix of fruit               
          particles which are within a matrix selected from the group                 
          consisting of a sugar matrix, a starch matrix or a sugar and                
          starch matrix, said fruit matrix being of the kind used in fruit            
          fillings, toppings, dairy products or cooked food products;                 
               a camera in the upper portion of said cabinet for taking an            
          image of the fruit particles while they remain within the fruit             
          matrix;                                                                     
               a light source in said cabinet; and                                    
               a computer with image analyzing software which analyzes said           
          image of the fruit particles in order to measure the fruit                  
          particles without having removed them from the fruit matrix.                

               The examiner relies on the following references:                       
          Wilkinson et al. (Wilkinson)    4,844,937    Jul. 04, 1989                  
          Sistler et al. (Sistler)        4,975,863    Dec. 04, 1990                  
          Bolle et al. (Bolle)            5,546,475    Aug. 13, 1996                  
          Queisser et al. (Queisser)      5,818,953    Oct. 06, 1998                  
                         (filed Apr. 17, 1996)                                        
          Heck et al. (Heck)              5,845,002    Dec. 01, 1998                  
                         (filed Nov. 03, 1994)                                        

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